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Speculation on Proceeding Against Colbert Show 'Much Ado About Nothing,' Lawyer Says; WGA Slams Pai

Speculation about an FCC proceeding against Stephen Colbert's show is "much ado about nothing," a broadcast lawyer blogged Monday, as a union slammed Chairman Ajit Pai for reportedly saying the agency may investigate. Colbert said “the only thing" President Donald…

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Trump's "mouth is good for is being [Russian President] Vladimir Putin’s cock holster,” with the CBS show host's mouth blurred and the term bleeped. With The Late Show with Stephen Colbert airing during the indecency safe-harbor that begins at 10 p.m., indecent programming isn't prohibited, wrote Wilkinson Barker's David Oxenford. "Theoretically, a program that runs during the safe harbor could still be illegal if it is obscene. But for a program to be obscene, it needs to be really bad. ... The extremely rigorous obscenity test simply would not be met." Writers Guild of America, East and West wrote they're appalled that Pai said the agency may investigate the joking comments and act if it is found to be obscene: "What is obscene is not what Colbert said but any attempt by the government to stifle dissent and creativity." The FCC reviews "all consumer complaints as a matter of standard practice and [relies] on the law to determine whether action is warranted," emailed a spokesman. "That a complaint is reviewed doesn't speak one way or another as to whether it has any merit.” We couldn't reach a CBS representative for a comment.